Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-04-09
THE COMMISSION UPHELD.
Opinions Upon the Action of the Intei
state Commission.

Opinions Upon the Action of the Inter.
state Commission.
New YORK, April 9th-A M-[Special.l
A Tribune Washington special says: The
Baltimore Sun contains leading editorial
questioning the authority of the Interstate
Commission to suspend the operation of
Section 43 of the interstate commerce law
on the petition and ex parte affidavit
submitted by the Southern Railway and
Steamship Association. One passage
of the editorial reads: "A pro-
viso to this section gives the Commission
authority to do this in special cases, after
investigation. The question may readily
arise, What kind OF investigation is con-
templated by this proviso? 1t is also a
well-known principle of construction that
prcviso in a statute is to be strictly con-
strued, and especially when its Office, as in
this Act, is to arm a tribunal with
authority to suspend the operation of the
statute itself. The character of the inves-
tigation, and wherefore intended, may be
understood to be such as enables the Com
mission to act intelligently, after full and
impartial hearing of the parties interest
ed There is reason to believe that such
hearing has not yet taken place, but
that the order, like a preliminary
injunction, was based upon the petition
itself and the ex parte atfidavits presented
in support of it. If this is true, and the
history of the proceeding seems to justify
this conclusion, it can scarcely be regarded
as a compliance with the law in the light
of the well-settled rule OF construction"
COMMISSIONER BRAGG MEETS THE ISSUE.
Commenting on this, Commissioner
Bragg said 1.-The matter was very care
fully considered. We had before us the
sworn statement of these folks that the
facts were thus and so, and that to enforce
this particular part of the law would
ruin the railroads and greatly injury
the interests of the people. We inyesti-
gated the matter far enough to satisfy
ourselves that thorough investigation was
necessary, and all we did was to give our
selves three months time in which to look
carefully into the case. Any ordinary
Court wonld require at least six months
before decision could be reached. To fire
right into the railroads and public, without
trial, would be like highwaymanry. We
cannot be everywhere at the same time.
We cannot in an hour go from Atlanta to
Chicago and to Boston. We have to give
ourselves some time for Investigation" /"
THE BOARD HAS STILL BROADER POWERS.
Senator Spooner, who has devoted good
deal of study to the subject of regulating
interstate commerce, and particularly to
the existing law, said to-a Star reporter to-
day: In regard to the act Of the Commits
sion in suspending the operations of the
fourth section for ninety days, the Board
had not exceeded its legitimate powers.
And" he continued, "a broader power is
lodged in the Commission than it has
claimed or expressed" Taking up copy
OF the Act, he turned to the provision which
authorized the Commission-after an in
vestigation-to permit a common car
rier to charge less for q long than
for a short haul, ETC., and the
section concludes The Commission may,
from time to time, prescribe the extent to
which such designated common carrier
may be relieved from the operation of this
section of the Act" Under this clause,
Spooner holds the Board has broader pow
ers than it has exercised.